The European Fundamental Freedoms: A Contextual Approach

Hardcover | May 23, 2015

byPedro Caro de Sousa

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Law can be looked at from both an internal legal perspective - reflected in the official discourse supporting legal decisions - and an external perspective - which is pursued by studies that look at the law from the outside as the subject of sociological, economic, or philosophical analysis.This external dimension - related to extra-legal factors that impact the law, such as the institutional environment in which the law is applied - is usually ignored, or not addressed systematically by studies that focus on the internal perspective. By systematically internalizing these 'external'elements into legal theory and practice, contextual approaches lead to the development of better descriptive theories and more attractive normative models of the law, and specifically EU law, than de-contextualized approaches allow for. Additionally, contextual approaches are more self-aware thande-contextualized approaches, since they are able to make sense of the role that legal practice (by judges, legal practitioners, and academics) plays in the development of the law.It is through a contextual approach that Pedro Caro de Sousa develops a general theory of European constitutional law, in particular free movement law and the EU fundamental freedoms. As a contribution to the development of EU constitutionalism, this monograph focuses on the interplay between thedifferent normative concerns behind the EU's market freedoms identified in traditional legal discourse and the various extra-legal and institutional factors that affect how that law is applied and develops in practice. Moving away from traditional studies of free movement law, Caro de Sousa's bookoffers a fresh approach to free movement law. Rather than proposing normative approaches, he uses this approach to construct a broader thesis: that the EU law of free movement can best be understood as interplay of traditional legal doctrines and practices and the specific institutional environmentwhere this law is applied and developed.

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Law can be looked at from both an internal legal perspective - reflected in the official discourse supporting legal decisions - and an external perspective - which is pursued by studies that look at the law from the outside as the subject of sociological, economic, or philosophical analysis.This external dimension - related to extra-le...

Pedro Caro de Sousa specializes in EU Law, International Economic Law, and Competition Law. He has also researched on Legal Theory and Public Law, particularly on Constitutional Law and Theory. He has published numerous articles in peer-reviewed journals, including the European Law Review, the European Law Journal, the German Law Journ...
Format:HardcoverDimensions:304 pages, 9.21 × 6.14 × 0.1 inPublished:May 23, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198727720

ISBN - 13:9780198727729

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Table of Contents

IntroductionSection I: The External and Internal Dimensions1. The External Dimension - Law, Courts, and the Courts of Justice of the EU2. The Market Freedoms' Common Normative FoundationsSection II: The Market Freedoms3. The Concept of Restriction on Free Movement- An Introduction4. Restricting Free Movement Rights - Unpacking the Normative Foundations5. Re-framing the Concept of Restriction6. The Fundamental Freedom's Scope - Beyond RestrictionConclusion